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Is it difficult to get a divorce without an attorney?

Posted on 7/13/16 at 9:11 am
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:11 am
No kids, no debt, no nothing. Separation time already done.
I know there is a 103? divorce filing that involves some filling out of paperwork. Can it be done, and filed with the clerk of court that easy? Does it need to be notarized first? Just trying to make this simple.
This post was edited on 7/13/16 at 9:12 am
Posted by meauxjeaux2
watson
Member since Oct 2007
60283 posts
Posted on 7/13/16 at 9:11 am to
can be done at local JOP
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:12 am to
quote:

can be done at local JOP


Ok, thanks. Just find one close by, call, and set it up?
This post was edited on 7/13/16 at 9:14 am
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65626 posts
Posted on 7/13/16 at 9:13 am to
quote:

Leonard Threenette
quote:

divorce
A three-way with LF7 and you didn't see a divorce coming?
Posted by The Torch
DFW The Dub
Member since Aug 2014
19266 posts
Posted on 7/13/16 at 9:13 am to
my neighbor did it and said it was easy.
Posted by meauxjeaux2
watson
Member since Oct 2007
60283 posts
Posted on 7/13/16 at 9:14 am to
yep. Inform that the legal amount of separate living apart is done then set it up. Should cost less than $500
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 7/13/16 at 9:14 am to
You have it right. 103 divorce is just a form. You haven't been living with her for 6 month period, right? Off the top of my head I couldn't say whether you need to notarize it, but you probably will. Just go to the courthouse and talk to the clerk of court, or if they have dedicated family court judges go talk to one of their secretaries.
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 7/13/16 at 9:14 am to
pretty simple. usually handled by legal aides.
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:15 am to
quote:

yep. Inform that the legal amount of separate living apart is done then set it up. Should cost less than $500


I gotcha. The thing is I can get the paperwork needed to fill out from the local BAR association here in Lafayette for $15. I assumed I could fill it out, have her sign it, and file it. That's what I was getting at as the potential cheap and easy route.
Posted by Scooba
Member since Jun 2013
19999 posts
Posted on 7/13/16 at 9:15 am to
You don't need one if both of you are amicable and you trust that she wont come back for anything afterword. Just go in and file the paperwork. Yes it will need to be notarized.
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:17 am to
quote:

You haven't been living with her for 6 month period, right?


Correct

quote:

Just go to the courthouse and talk to the clerk of court, or if they have dedicated family court judges go talk to one of their secretaries.


They were literally no help. Said I needed to file paperwork, but they don't have the forms and I could maybe get them from the local BAR association. Which I looked up and you can get a 103 divorce packet for $15.
Posted by meauxjeaux2
watson
Member since Oct 2007
60283 posts
Posted on 7/13/16 at 9:18 am to
quote:

They were literally no help. Said I needed to file paperwork
yep. That's how the clerk of court rolls. They want you to do it thru an attorney. It's like they're in bed with each other or something.
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:19 am to
quote:

You don't need one if both of you are amicable and you trust that she wont come back for anything afterword. Just go in and file the paperwork. Yes it will need to be notarized.


We certainly are. When you say go in and file the paperwork though...this means the notarized 103 form with the clerk of court if I understand correctly?
Posted by Evil Little Thing
Member since Jul 2013
11222 posts
Posted on 7/13/16 at 9:26 am to
I used the steps on the EBR family website. I filed in a different parish. When I initially went to the courthouse in my parish & asked for divorce forms, they looked at me like I was crazy & said they don't have them. They suggested I get them "online somewhere", so I used EBR's & just changed the court name.

LINK

My steps were to

- file a notarized petition (form on the site)
- get my spouse to sign/notarize a waiver of service (or have him served if he refused)
- file his waiver with the courthouse
- file a motion for preliminary default at the courthouse at the same time (since he waived)
- file a judgment for divorce a little while later

I didn't have to go to court, and we didn't include property settlement. It cost $300-350. It was a pain to figure out what steps I needed to take and which forms needed to be filed, but it's all done and legal now.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 7/13/16 at 9:31 am to
LINK

This looks like a pretty good form with instructions baw. You will get the page that says "Verification," "Acceptance of Service, and "Affidavit of Facts" notarized.
This post was edited on 7/13/16 at 9:32 am
Posted by Leonard Threenette
Member since Jul 2014
874 posts
Posted on 7/13/16 at 9:34 am to
Awesome, thanks!

Posted by Wermanium
Member since Apr 2016
754 posts
Posted on 7/13/16 at 9:35 am to
I let her do all the work and just signed and got the form notarized. I let her take the couch and her car and I took everything else.
Posted by Neauxla
New Orleans
Member since Feb 2008
33443 posts
Posted on 7/13/16 at 9:35 am to
depends on your wife
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11202 posts
Posted on 7/13/16 at 9:39 am to
quote:

yep. That's how the clerk of court rolls. They want you to do it thru an attorney. It's like they're in bed with each other or something.


Cause it's ok for them to give legal advice...
Posted by meauxjeaux2
watson
Member since Oct 2007
60283 posts
Posted on 7/13/16 at 10:07 am to
quote:

Cause it's ok for them to give legal advice..
that's not what i said and you know it. How hard would it be for the Clerk Of Courts office to keep the documents there that need to be filled out? shite,once they are attained and properly filled out that where they have to be turned in for recording anyway. Right?
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